DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,670,128. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the claims in the present application overlaps with the scope of the claims in the parent patent in such a way as to be an obvious variant. The scope of Claim 1 in the present application overlaps with scope of claim 1 in the parent patent. The scope of Claim 2 in the present application overlaps with scope of claim 2 in the parent patent. The scope of Claim 3 in the present application overlaps with scope of claim 3 in the parent patent. The scope of Claim 4 in the present application overlaps with scope of claim 4 in the parent patent. The scope of Claim 5 in the present application overlaps with scope of claim 5 in the parent patent.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 6, Applicant discloses “a first quantity sensor for detecting a first product quantity within the first product container, and a first sealing dispenser port actuator for selectively dispensing the first product from the first product container” on lines 7-10 and on lines 13-16. Applicant has disclosed identical claim limitations. It is suggested Applicant delete the identically disclosed structure or add distinguishing claim language.
Claims 7-20 depend from claim 6.
Claim 9 recites the limitation "the first quantity sensor for detecting a first weight" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 6-11 (AS BEST UNDERSTOOD) is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sollazzo Lee et al. (USPGPUB 2016/0018250).
Regarding claim 6 (AS BEST UNDERSTOOD), Sollazzo Lee et al. disclose a system for dispensing products, comprising:
a first product container (18) having a first sealing dispenser port (24) for containing a first product, the first sealing dispenser port (24) configured to selectively seal the first product container (18) and selectively dispense the first product from the first product container (see paragraph [0073]);
a first operations module (90 or 120) configured to selectively receive the first product container (18) and having a first quantity sensor for detecting a first product quantity within the first product container (see paragraph [0053]), and a first sealing dispenser port actuator (28 or 120 or 28,90) for selectively dispensing the first product from the first product container (see paragraph [0056]);
a housing (10) having a first product cavity for removably receiving the first product container (18) and removably receiving the first operations module (90 or 120), a first quantity sensor for detecting a first product quantity within the first product container (see paragraph [0053]), and a first sealing dispenser port actuator (28 or 120 or 28,90) for selectively dispensing the first product from the first product container (see paragraph [0056]); and
a controller (54) configured to monitor the first quantity sensor and selectively open the first sealing dispenser port to dispense a specified quantity of the first product (see paragraphs [0052]-[0053] and [0070]).
Regarding claim 7 (AS BEST UNDERSTOOD), Sollazzo Lee et al. disclose the system of claim 6, wherein the first product container includes a first identification tag (95), wherein the first operations module includes a first identification sensor (96), and wherein the controller (54) is further configured to monitor the first identification sensor and identify the first product contained in the first product container using the first identification sensor and the first identification tag (see paragraphs [0072] and [0089]).
Regarding claim 8 (AS BEST UNDERSTOOD), Sollazzo Lee et al. disclose the system of claim 6, wherein the first product container includes a first product driver (100) configured to selectively shift the first product contained in the first product container toward the first sealing dispenser port of the first product container, wherein the first operations module includes a first product driver actuator (120), and wherein the controller (see Figure 24) is further configured to selectively energize first product driver actuator and thereby cause the first product driver to shift the first product toward the first sealing dispenser port of the first product container (see paragraphs [0073]-[0074]).
Regarding claim 9 (AS BEST UNDERSTOOD), Sollazzo Lee et al. disclose the system of claim 6, wherein the first quantity sensor for detecting a first weight of the first product container, wherein the controller is further configured to determine the first product quantity within the first product container using the first quantity sensor, and wherein the controller is further configured to determine the specified quantity of the first product dispensed from the first product container using the first quantity sensor (see paragraph [0053]).
Regarding claim 10 (AS BEST UNDERSTOOD), Sollazzo Lee et al. disclose the system of claim 6, wherein the housing further includes a first product dispensing station (12,30, and/or 91) positioned below the first sealing dispenser port (24) of the first product container (18), wherein the first product dispensing station (see Figures 9A-9B) is configured to selectively receive and support a rigid transportation (32) container, and wherein the first product dispensing station (12,30 and/or 91) is configured to selectively receive, support, and hold open a flexible transportation container (32; this language is functional and the vessel “32” disclosed can perform this functionality).
Regarding claim 11 (AS BEST UNDERSTOOD), Sollazzo Lee et al. disclose the system of claim 10, wherein the housing further includes a first product view port (22) positioned above the first product dispensing station (see Figure 1), the first product view port (22) providing an indication of the first product contained in the first product container (see paragraph [0046]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 12-13 (AS BEST UNDERSTOOD) is/are rejected under 35 U.S.C. 103 as being unpatentable over Sollazzo Lee et al. (USPGPUB 2016/0018250) as applied to claims 6-11 above, and further in view of Schwarzli et al. (USPGPUB 2014/0303774).
Regarding claim 12 (AS BEST UNDERSTOOD), Sollazzo Lee et al. disclose the system of claim 10. However, they do not disclose a system wherein the housing further includes a second product dispensing station positioned next to the first product dispensing station and below a second sealing dispenser port of a second product container, wherein the second product dispensing station is configured to selectively receive and support a rigid transportation container, and wherein the second product dispensing station is configured to selectively receive, support, and hold open a flexible transportation container. Schwarzli et al. disclose a system wherein the housing further includes a second product dispensing station (28 and/or 28,80,72) positioned next to the first product dispensing station (see Figure 2) and below a second sealing dispenser port of a second product container (see Figures 10-11), wherein the second product dispensing station is configured to selectively receive and support a rigid transportation container (see Figure 21), and wherein the second product dispensing station is configured to selectively receive, support, and hold open a flexible transportation container (4). Therefore, it would have been obvious to a person of ordinary skill in the art at the time of Applicant’s invention to modify the system disclosed by Sollazzo Lee et al. by including a system wherein the housing further includes a second product dispensing station positioned next to the first product dispensing station and below a second sealing dispenser port of a second product container, wherein the second product dispensing station is configured to selectively receive and support a rigid transportation container, and wherein the second product dispensing station is configured to selectively receive, support, and hold open a flexible transportation container, as disclosed by Schwarzli et al., for the purpose of providing a bagging system (see paragraph [0073]).
Regarding claim 13 (AS BEST UNDERSTOOD), Sollazzo Lee et al. disclose the system of claim 10. However, they do not disclose a system wherein the housing further includes a second product dispensing station positioned below the first product dispensing station and below a second sealing dispenser port of a second product container, wherein the second product dispensing station is configured to selectively receive and support a rigid transportation container, and wherein the second product dispensing station is configured to selectively receive, support, and hold open a flexible transportation container. Schwarzli et al. disclose a system wherein the housing further includes a second product dispensing station (70,80,72) positioned below the first product dispensing station (28) and below a second sealing dispenser port of a second product container (see Figure 2), wherein the second product dispensing station is configured to selectively receive and support a rigid transportation container (306), and wherein the second product dispensing station is configured to selectively receive, support, and hold open a flexible transportation container (4). Therefore, it would have been obvious to a person of ordinary skill in the art at the time of Applicant’s invention to modify the system disclosed by Sollazzo Lee et al. by including a system wherein the housing further includes a second product dispensing station positioned below the first product dispensing station and below a second sealing dispenser port of a second product container, wherein the second product dispensing station is configured to selectively receive and support a rigid transportation container, and wherein the second product dispensing station is configured to selectively receive, support, and hold open a flexible transportation container, as disclosed by Schwarzli et al., for the purpose of providing a bagging system (see paragraph [0073]).
Claim(s) 14-20 (AS BEST UNDERSTOO) is/are rejected under 35 U.S.C. 103 as being unpatentable over Sollazzo Lee et al. (USPGPUB 2016/0018250) as applied to claims 6-11 above, and further in view of Williams et al. (USPGPUB 2014/0288699).
Regarding claim 14 (AS BEST UNDERSTOOD), Sollazzo Lee et al. disclose the system of claim 6, wherein the housing further includes a touchscreen display (see paragraph [0060]) configured to provide a user interface (26,28 and/or see Figures 3-5) and thereby allow a user to select the first product (see paragraph [0061]), specify the specified quantity of the first product to be dispensed from the first product container (see paragraph [0061]), and initiate dispensing of the specified quantity of the first product (see paragraph [0051). However, they do not disclose a system wherein the housing further includes a touchscreen display configured to pay for the specified quantity of the first product. Williams et al. disclose a system wherein the housing further includes a touchscreen display configured to pay for the specified quantity of the first product (see paragraph [0047]). Therefore, it would have been obvious to a person of ordinary skill in the art at the time of Applicant’s invention to modify the system disclosed by Sollazzo Lee et al. by including a system wherein the housing further includes a touchscreen display configured to pay for the specified quantity of the first product, as disclosed by Williams et al., for the purpose of providing a configuration options selection with an associated price for a vending machine (see paragraph [0047]).
Regarding claim 15 (AS BEST UNDERSTOOD), Sollazzo Lee et al. in view of Williams et al. disclose the system of claim 14. Furthermore, Williams et al. disclose a system wherein the user interface is configured to allow the user to specify the specified quantity of the first product by choosing a price (see paragraph [0047]). Therefore, it would have been obvious to a person of ordinary skill in the art at the time of Applicant’s invention to modify the system disclosed by Sollazzo Lee et al. by including a system wherein the user interface is configured to allow the user to specify the specified quantity of the first product by choosing a price, as disclosed by Williams et al., for the purpose of providing a configuration options selection with an associated price for a vending machine (see paragraph [0047]).
Regarding claim 16 (AS BEST UNDERSTOOD), Sollazzo Lee et al. disclose the system of claim 14, wherein the user interface is configured to allow the user to select the first product and specify the specified quantity of the first product to be dispensed by identifying a recipe (see paragraph [0052]).
Regarding claim 17 (AS BEST UNDERSTOOD), Sollazzo Lee et al. disclose the system of claim 6, wherein the controller further includes a wireless communications module configured to communicate with a user application and thereby allow a user to select the first product, specify the specified quantity of the first product to be dispensed from the first product container, and initiate dispensing of the specified quantity of the first product (see paragraphs [0051], [0060], [0061], [0087], [0105], and [0114]-[0115]). However, they do not disclose a system wherein the controller further includes a wireless communications module configured to pay for the specified quantity of the first product. Williams et al. disclose a system wherein the controller further includes a wireless communications module configured to pay for the specified quantity of the first product (see paragraphs [0021] and [0047]). Therefore, it would have been obvious to a person of ordinary skill in the art at the time of Applicant’s invention to modify the system disclosed by Sollazzo Lee et al. by including a system wherein the controller further includes a wireless communications module configured to pay for the specified quantity of the first product, as disclosed by Williams et al., for the purpose of providing a configuration options selection with an associated price for a vending machine (see paragraph [0047]) and a “smartphone/tablet application that replicates the on-system touchscreen interface” (see paragraph [0021]).
Regarding claim 18 (AS BEST UNDERSTOOD), Sollazzo Lee et al. in view of Williams et al. disclose the system of claim 14. Furthermore, Williams et al. disclose a system wherein the user application is configured to allow the user to specify the specified quantity of the first product by choosing a price (see paragraphs [0021] and [0047]). Therefore, it would have been obvious to a person of ordinary skill in the art at the time of Applicant’s invention to modify the system disclosed by Sollazzo Lee et al. by including a system wherein the user application is configured to allow the user to specify the specified quantity of the first product by choosing a price, as disclosed by Williams et al., for the purpose of providing a configuration options selection with an associated price for a vending machine (see paragraph [0047]) and a “smartphone/tablet application that replicates the on-system touchscreen interface” (see paragraph [0021]).
Regarding claim 19 (AS BEST UNDERSTOOD), Sollazzo Lee et al. disclose the system of claim 17, wherein the user application is configured to allow the user to select the first product and specify the specified quantity of the first product to be dispensed by identifying a recipe (see paragraphs [0052] and [0114]).
Regarding claim 20 (AS BEST UNDERSTOOD), Sollazzo Lee et al. disclose the system of claim 6. However, they do not disclose a system wherein the controller is operatively coupled to a remote server configured to allow a user to select the first product, specify the specified quantity of the first product to be dispensed from the first product container, and pay for the specified quantity of the first product. Williams et al. disclose a system wherein the controller is operatively coupled to a remote server configured to allow a user to select the first product, specify the specified quantity of the first product to be dispensed from the first product container, and pay for the specified quantity of the first product (see paragraph [0047]). Therefore, it would have been obvious to a person of ordinary skill in the art at the time of Applicant’s invention to modify the system disclosed by Sollazzo Lee et al. by including a system wherein the controller is operatively coupled to a remote server configured to allow a user to select the first product, specify the specified quantity of the first product to be dispensed from the first product container, and pay for the specified quantity of the first product, as disclosed by Williams et al., for the purpose of providing a configuration options selection with an associated price for a vending machine networking with a remote server to provide functionality in return for payment (see paragraph [0047]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL COLLINS whose telephone number is (571)272-8970. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Scott can be reached at (571) 270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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M.K.C.
11/13/2025
/MICHAEL COLLINS/Primary Examiner, Art Unit 3655